Brush pilot abr alternative4/5/2023 Factual background.We summarize the facts pertinent to our decision. We remand to the board with instructions to rehear the case on the record. However, we reject the argument that an excessive change requires exclusion of the physician's reports from the record. Inc(fn2) We also conclude the board erred in failing to decide two questions presented to it for decision: whether Thurston was entitled to compensation for a back injury and whether she made an excessive change of physician. On review, we conclude the board erred in failing to apply the test dictated by the Alaska Supreme Court in Estate of Ensley v. Fish(fn1) treated the later-developed disease in the same manner as a pre-existing condition when analyzing the employer's liability for the employee's present disability. The board, relying on Providence Washington v. Thiis decision hias been edited to conform to technical standards for publication.By: Kristin Knudsen, Chair.This appeal concerns an employee who suffered a disabling work-related knee injury and subsequently developed an unrelated disabling disease. Thurston.Commissioners: Jim Robison,Philip Ulmer,and Kristin Knudsen. Beconovich, L.L.C., for appellee Sandra M. Noram, Member for Industry, and Damien Thomas, Member for Labor.Appearances: Nora Barlow, DeLisio, Moran, Gerahhty and Zobel, P.C., for appellants Guys with Tools, Ltd., and Alaska National Insurance Co. 06-0323, issued December 6, 2006, by the northern panel at Fairbanks, Alaska, Fred G. 200217586Final Decision and OrderAppeal from Alaska Workers' Compensation Board Decision No. Thurston AppelleeAlaska Workers' Compensation Appeals CommissionGuys With Tools, Ltd., d/b/a The Bush Pilot, and Alaska National Insurance Co., Appellants, vs. d/b/a The Bush Pilot and Alaska National Insurance Co. Workers' Compensation Appeals Commission 2007-062. Alaska Workers Compensation Decisions 2007.
0 Comments
Leave a Reply.AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |